IN THE HIGH COURT OF SINDH AT KARACHI
C.P.No.D-4864 of 2014
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1. For orders on office objection.
2. For Katcha Peshi.
3. For hearing of CMA. No. 23706/2014.
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19/11/2014
Mr. Qadir Hussain Khan Advocate for the
petitioner along with petitioner.
Mr. Mustafa Mahesar, AAG.
Mr. Iqbal Soomro, state counsel.
Addl.SHO Javed Akhtar of PS Aziz Bhatti.
SI Waqar Mustafa.
Shah Bahram Qureshi Respondent No.5 in
person.
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1. The
petitioner has applied for the quashment of Crime No. 371/2014 lodged under
Sections 380, 454, 457, 34 PPC at police station Aziz Bhatti, District Karachi
East on 11.08.2014. The SHO police station Aziz Bhatti has submitted the
comments, in which it is clearly mentioned that challan has already been
submitted against the petitioner under Section 512 Cr.P.C. The learned counsel
for the petitioner argued that petitioner has been involved in a false case, he
is innocent person. The Respondent No. 5 Shah Bahram Qureshi is also present,
who is complainant of Crime No. 371/2014, and he submits that he lodged FIR of
theft against the present petitioner, who is involved in the crime in question.
2. Once
the challan has already been submitted in the appropriate court, in which the petitioner
has been declared absconder, it is the province of the trial court to decide
the case in accordance with law and the petitioner may move appropriate
application in the trial court for acquittal.
3. The
learned counsel for the petitioner requests that protective bail may be granted
to the petitioner to enable him to surrender before the trial court and apply
for bail as in the challan he has been declared absconder, which came to his
knowledge today.
4. The
learned AAG argued that the petitioner is not entitled to the protective bail
and this petition is liable to be dismissed.
5. At this
stage, we feel appropriate, as requested by the learned counsel for the
petitioner, to grant protective bail to the petitioner
for 07 days subject to furnishing solvent surety in the sum of Rs.20,000/-
(Rupees Twenty Thousand only) and P.R bond in the like amount to the
satisfaction of the Nazir of this Court. This bail order will remain in force
for 07 days or when the petitioner appears before the trial court, whichever is
earlier. Till such time the operation of NBW is suspended. The petitioner may move
appropriate application in the trial court.
This
petition is disposed of accordingly.
JUDGE
JUDGE
WASIM PS